Kuo, Ming-Sung. (2009) Between fragmentation and unity : the uneasy relationship between global administrative law and global constitutionalism. San Diego International Law Journal, Vol.10 . pp. 439-467. ISSN 1539-7904

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Abstract

Administrative law and constitutional law, which together constitute what we call "public law," are closely related in many ways. For one thing, constitutional law refers to the body of the law that sets out the powers of public authorities by establishing the political system and stipulates the relationship between individuals and public authorities, while administrative law concerns "the ways in which the exercise of public power may be held to constitutional account." Thus, "it [is] difficult to distinguish the values and principles of constitutional and administrative law." However, this does not mean that administrative law is simply a synonym for constitutional law. Rather, constitutional law constitutes the "background theory" under which administrative law functions, and not the other way around. This is the reason why leading administrative law casebooks begin with the issues centering on how administrative law, or rather the administrative state, should be viewed through a constitutional lens. Put differently, constitutional law, as the reference point of the legal system, stands apart from administrative laws, setting the perimeters of values and principles for the latter to implement in the context of public administration. Taken together, constitutional law and administrative law are closely linked but stand as distinct sets of legal values in our traditional legal thinking.

Item Type:	Journal Article
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Social Sciences > Law
Library of Congress Subject Headings (LCSH):	Constitutional law, Administrative law, International law
Journal or Publication Title:	San Diego International Law Journal
Publisher:	University of San Diego, School of Law
ISSN:	1539-7904
Date:	2009
Volume:	Vol.10
Page Range:	pp. 439-467
Status:	Peer Reviewed
Access rights to Published version:	Restricted or Subscription Access
Related URLs:	Other Repository
URI:	http://wrap.warwick.ac.uk/id/eprint/34885

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